BHURA Vs. PURAN SINGH

JUDGEMENT

(1.) THESE two Cross Appeals arise out of a judgment dated 26.03.2010 whereby a compensation of Rs. 6,57,340/- was awarded to Bhura, the Appellant in MAC APP.497/2010 and the First Respondent in MAC APP. 524/2010 for having suffered injuries in an accident which occurred on 03.02.2008. For the sake of convenience the Appellant in MAC APP.524/2010 shall be referred to as Appellant and the Appellant in MAC APP. 497/2010 shall be referred to as the Claimant.

(2.) WHILE the Claimant was riding on the pillion seat of the two- wheeler, it was allegedly hit by a truck No. HR 37A-5763 from behind. It was claimed that the truck was being driven at a high speed in a rash and negligent manner. After the accident, the motorcycle was dragged for a considerable distance. The Claimant suffered grievous injuries on his right leg. He remained admitted in Sanjay Gandhi Memorial Hospital from 03.02.2008 to 11.02.2008. He was then admitted in AIIMS from 14.02.2008 to 28.02.2008 where an amputation of his right leg above knee was done. A disability certificate dated 18.02.2010 was issued declaring him physically disabled to the extent of 80%. It was stated that his condition was not likely to improve. The Claims Tribunal by the impugned judgment awarded the following compensation:-

(3.) IT is an admitted case of the parties that the Claimant was not driving the two-wheeler; thus even if some negligence (although none is proved) is assumed on the part of the driver of the two-wheeler, the Claimant was at liberty to sue any or either of the tortfeasors as it was a case of composite negligence and not contributory negligence (T.O. Anthony v. Karvarnan & Ors., (2008) 3 SCC 748).